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78R3199 DAK-D
By: Janek S.B. No. 198
A BILL TO BE ENTITLED
AN ACT
relating to the liability of health care providers at free medical
clinics.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 92 to read as follows:
CHAPTER 92. LIMITATION ON LIABILITY OF HEALTH CARE PROVIDERS AT
FREE MEDICAL CLINICS
Sec. 92.001. DEFINITION. In this chapter, "health care
provider" means a person licensed in this state or another state or
territory of the United States as:
(1) a physician;
(2) a physician assistant;
(3) a registered nurse;
(4) an advanced practice nurse;
(5) a licensed vocational nurse;
(6) a licensed medical physicist;
(7) a medical radiologic technologist;
(8) a dentist;
(9) a dental hygienist;
(10) an optometrist or therapeutic optometrist;
(11) an optician;
(12) a chiropractor;
(13) a licensed prosthetist;
(14) a licensed orthotist;
(15) an audiologist;
(16) a speech-language pathologist;
(17) a hearing instrument fitter and dispenser;
(18) a physical therapist;
(19) an occupational therapist;
(20) a psychologist;
(21) a social worker;
(22) a licensed professional counselor;
(23) a chemical dependency counselor;
(24) a licensed marriage and family therapist;
(25) an acupuncturist;
(26) a dietician;
(27) a midwife;
(28) an athletic trainer;
(29) a massage therapist;
(30) a licensed perfusionist;
(31) a pharmacist;
(32) a respiratory care practitioner; or
(33) a podiatrist.
Sec. 92.002. APPLICABILITY. This chapter applies only to
health care provided in a medical clinic that:
(1) is an organized, community-based program
providing health care without charge to persons unable to pay for
it;
(2) does not provide health care that includes the use
of general anesthesia or requires an overnight stay in a health care
facility; and
(3) posts in a conspicuous place on its premises an
explanation of the limitation on liability provided by this
chapter.
Sec. 92.003. LIMITATION ON LIABILITY. A health care
provider is not liable in civil damages for an act performed during
the provision of the health care if:
(1) the health care is provided to a person at a
medical clinic to which this chapter applies and is part of the
services regularly offered by the clinic;
(2) the provider provides the health care in good
faith;
(3) the act is not wilfully or wantonly negligent;
(4) the health care provider does not receive a fee or
any other compensation for providing the health care; and
(5) the health care does not require the services of a
hospital or ambulatory surgical treatment center.
Sec. 92.004. VOLUNTARY CONTRIBUTIONS. The limitation on
liability established by this chapter applies without regard to
whether the medical clinic accepts a voluntary contribution from a
person receiving health care services from the clinic if:
(1) the person has acknowledged the person's ability
and willingness to pay a portion of the value of the health care
services provided; and
(2) the contribution is used only to pay overhead
expenses related to operating the clinic and not to provide a fee or
other compensation to a health care provider.
Sec. 92.005. LIMITATION IN ADDITION TO CHAPTER 84. The
limitation on liability established by this chapter is independent
of and in addition to any limitation on liability that may apply
under Chapter 84.
SECTION 2. This Act takes effect September 1, 2003, and
applies only to a cause of action that accrues on or after that
date. An action that accrued before the effective date of this Act
is governed by the law applicable to the action immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.